V.Shanmugasundari v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM V.Shanmugasundari
...Petitioner
-Vs1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Collector, Office of District Collector, Coimbatore.
3.Bama Balaji
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the proceedings of the first respondent having reference No.R1/1584047/2021 dated 09.05.2022 quash the same and consequently direct he first respondent to issue patta for the Natham land comprised in S.No.816/7 and 816/8 measuring an extent of 41.25 Hectares in Puravipalayam Village, Pollachi Taluk, Coimbatore District in the name of Sr Kodi Swamigal Trust and Annadhanam Koodam created by the petitioner. 1/4
For Petitioner :
Mr.R.Venkata Varathan For R1 & R2 :
Mr.R.Ramanlaal Additional Advocate General Assisted by Mr.G.Krishnaraja Additional Government Pleader For R3 :
Mr.Shangar Murali
ORDER
The order dated 09.05.2022 passed by the Commissioner of Land Administration is sought to be assailed in the present Writ Petition. 2.The grievance of the writ petitioner is that the order of the District Collector dated 09.10.2020 was set aside by the Commissioner of Land Administration on the ground that the District Collector has no role on the natham land which was settled as "Natham" during the settlement under Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act 30/1963 and it cannot be unsettled.
3.In view of the fact that the District Collector has unsettled the settled issue, the Commissioner of Land Administration has set aside the order passed by the District Collector. If at all the petitioner has got any 2/4
grievance in respect of settlement already made, it is for him to approach the competent authorities.
4.As far as the order impugned is concerned, the Commissioner of Land Administration has no role on the natham land which was already settled as "Natham" under Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act 30/1963.
5.The learned Additional Advocate General submitted that pursuant to the orders of the Commissioner of Land Administration, the original entry was restored.
6.This being the factum, if the grievance still exists, the petitioner is at liberty to approach the competent court of law or the authorities concerned. Accordingly, the Writ Petition stands dismissed. No costs. 10.07.2023 Index:Yes Speaking order/Non-speaking order hvk 3/4
S.M.SUBRAMANIAM, J.
hvk To 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Collector, Office of District Collector, Coimbatore.
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